Sheinberg v. 177 E. 77, Inc.

—Judgment, Supreme Court, New York County (Carol Huff, J.), entered on or about October 8, 1997, which, inter alia, granted defendants’ cross motion to dismiss plaintiffs’ first amended complaint and denied plaintiffs’ motion for leave to serve a second amended complaint, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered September 25, 1997, unanimously dismissed, without costs, as subsumed within the appeal from the judgment.

The motion court reviewed the allegations of the first amended complaint pursuant to the appropriate standard (see, Kliebert v…